Will a judge typically consider the child’s wishes when determining custody?

Courts consider a number of different factors in deciding child custody. Depending on the age of the child or children in question, the child’s opinion may be one of those factors. However, it will not necessarily be a determining factor in who gets custody of a child.

Courts prefer to see parents create a child custody agreement on their own or with the help of a mediator that the court can then approve. When this is not possible, states have imposed guidelines for how a judge will determine child custody. While these laws differ from state to state, a best interests of the child standard is the widely accepted practice. Essentially, this means that a judge is going to decide custody of a child by what is best for the child in question.

There are a host of factors that go into deciding what is in the best interests of the child. The opinion of the child can be one of those factors if the child is old enough and has a preference for which parent he or she would like to live with. Normally, children over the age of 12 are considered to be old enough to have some say, although different states may have different age guidelines. However, children sometimes do not actually know what is in their own best interest. For example, a child might express a preference to stay with a parent who is more permissive, but this may not necessarily be best.

As such, the court also considers other things besides what the child is requesting. These factors include the current relationship of parent and child, the ability of the respective parents to provide a home that is supportive and meets all the child’s needs, and the ability and willingness of the parent to allow the child to continue his relationship with the other parent and his ties to his community. Judges will look at all evidence presented, including testimony from parents, family friends, other witnesses, and sometimes a social worker or guardian ad litem appointed to review the situation and make a recommendation.

To prove that granting custody of a child to you is in a child’s best interests, you will want to hire a competent divorce lawyer to assist you in gathering evidence and making a compelling argument to the court.

Case Studies: The Role of a Child’s Wishes in Custody Determination

Case Study 1: The Johnson Family’s Custody Battle

In the Johnson family’s custody dispute, both parents sought sole custody of their 10-year-old daughter. The child expressed a strong desire to live primarily with her father, citing a closer bond and better communication. Recognizing the child’s wishes, the judge considered them as a relevant factor in the custody determination.

However, the court also examined other crucial aspects, such as the parents’ ability to provide a stable and nurturing environment, their involvement in the child’s education and extracurricular activities, and the child’s relationship with extended family members. After carefully weighing all factors, the judge awarded primary custody to the father, taking into account the child’s wishes as part of the overall best interests analysis.

Case Study 2: The Davis Family’s Complex Case

In the Davis family’s custody case, their 14-year-old son expressed a strong desire to live with his mother, citing emotional support and a more familiar living environment. However, the child had also been exhibiting concerning behavior, which raised concerns about his well-being. The judge, considering the child’s wishes but also prioritizing his safety and overall best interests, ordered a comprehensive evaluation by a child psychologist.

The evaluation revealed underlying emotional and behavioral issues that required therapeutic intervention. Based on the expert recommendations and considering all relevant factors, including the child’s preferences, the judge crafted a custody arrangement that ensured the child’s emotional well-being while maintaining a meaningful relationship with both parents.

Case Study 3: The Thompson Family’s Mediation Success

The Thompson family, determined to prioritize their child’s needs during their divorce, opted for mediation to reach a custody agreement. Their 12-year-old daughter actively participated in the process, expressing her desire to have equal time with both parents. The mediator acknowledged the child’s mature perspective and facilitated open communication between the parents and the child.

Through constructive dialogue, the family reached a mutually satisfactory joint custody arrangement that honored the child’s wishes while also considering factors such as parental cooperation, stability, and the child’s routine.

By actively involving the child in the decision-making process, the Thompson family demonstrated the positive impact of considering a child’s wishes in custody determination through alternative dispute resolution methods.​